Title
Supreme Court
Mercado vs. Ongpin
Case
G.R. No. 207324
Decision Date
Sep 30, 2020
Ongpin married Mercado believing his first marriage was dissolved by divorce; courts ruled no bad faith, denying Mercado's claim for damages.

Case Digest (G.R. No. 132980)
Expanded Legal Reasoning Model

Facts:

  • Parties and Marriages
    • Rene V. Ongpin (Ongpin) married Alma D. Mantaring (Mantaring) in Quezon City on February 5, 1972. Mantaring obtained a divorce decree in Nevada.
    • Believing himself divorced, Ongpin married Mary Elizabeth Mercado (Mercado) in New Jersey on April 21, 1989; they separated March 16, 2000.
  • Procedural History
    • Ongpin secured a Philippine declaration of nullity of his first marriage on November 25, 2003.
    • On January 8, 2006, he petitioned the Bacoor RTC to declare his marriage to Mercado void under Family Code Art. 35(4) (bigamy). Mercado countered that their marriage was valid (Art. 26) and alleged the petition was a scheme to evade a pending property separation suit; she claimed moral and exemplary damages and attorney’s fees.
    • November 12, 2009 RTC Decision: declared marriage void; awarded Mercado ₱250,000 moral damages, ₱100,000 exemplary damages, and ₱150,000 attorney’s fees.
    • Ongpin appealed only the damages awards. February 21, 2013 Court of Appeals Decision: deleted awards of moral and exemplary damages and attorney’s fees. May 22, 2013 CA Resolution: denied Mercado’s motion for reconsideration.
    • Mercado filed a Rule 45 Petition for Review in the Supreme Court, contending bad faith and malice were proved; Ongpin filed comments; memoranda were submitted.

Issues:

  • Whether factual questions (bad faith; entitlement to damages) are reviewable under Rule 45.
  • Whether Mercado is entitled to moral damages, exemplary damages, and attorney’s fees.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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